The scope and limits of the exercise of a public power

By Candice Grieve and Maxine Rodrigues on August 26, 2020 Posted in General

The Supreme Court of Appeal held that a public authority may not exercise powers which are not given to it by the express wording of its empowering statute. The relevant empowering provision in the Medical Schemes Act gives the Registrar the power to decide whether a medical scheme’s proposed name is likely to mislead the … Continue reading

Defiance of law: the collateral challenge defence by Namibian insurers

By Ian Petherbridge on October 16, 2018 Posted in Insurance

Under the correct set of circumstances a party may treat an administrative act as void and await developments, which must not be ‘equated with contumacious disregard for the law by anarchists and legal delinquents’, according to a judgment of the Namibia High Court The judgment stayed the implementation and application of the provisions of the … Continue reading

Courts continue deferent approach to tenders and administrative powers and functions

By Bradley Harber and Matthew Clark (ZA) on October 28, 2014 Posted in General

An October 2014 supreme court of appeal decision has confirmed two well established principles of public procurement and administrative law review: There is limited scope for not awarding a tender to a bidder that has scored the highest number of points; and A court is not likely to substitute its decision for a decision made … Continue reading